Married couple kissing in public not obscene: HC

Published: Tuesday, February 3, 2009, 13:02 [IST]

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New Delhi, Feb 3: Married couple kissing in public is not obscene, declared High Court. The Delhi High Court came to rescue of a newly-married young couple who had indulged in kissing at the Dwarka Metro station and was caught by a policeman.

Justice S Muralidhar who stayed an FIR lodged against the couples said in his judgement :"The FIR doesn't make a case for offence under Section 294 (obscenity) read with 34 IPC. It is inconceivable how, even if one were to take what is stated in the FIR to be true, an expression of love by a young married couple would attract offence of obscenity and trigger the coercive process of law."

The couple who were waiting at the Metro station was picked by ASI Vidhyadhar Singh of Dwarka police on Sep 4 after he claimed to have found them 'sitting in a objectionable position near a Metro pillar and kissing each other due to which passersby were feeling bad.'

Though couple told the ASI they were, the cop hauled them to the police station and arrested them. Later, both were granted bail from the police station itself. The police registered a First Information Report (FIR) for an offence under sections 294 (obscene acts) and 34 (common intention) of the Indian Penal Code.

The police official did not bother to quash the FIR after finding out that the couple was married and even filed a charge sheet Jan 30 in the trial court. The couple then moved the high court seeking a stay on the lower court proceedings.

Justice S Muralidhar not only stayed the trial court proceedings but also pulled up the police for not inquiring properly before registering the case and also issued a notice to Delhi Police.

“It is inconceivable how, even if one were to take what is stated in the FIR to be true, the expression of love by a young married couple in the manner indicated would attract the offence of obscenity and trigger the coercive process of law," the judge noted, and slated the matter for Feb 25.